Consumer Finance Monitor

Today's podcast brings listeners a timely and insightful discussion as our panel examines the CFPB's proposed amendments to Regulation B under the Equal Credit Opportunity Act (ECOA). As our regular listeners know, we released an episode yesterday, and we are providing this additional special episode in light of a development we consider both time-sensitive and exceptionally important. The discussion is hosted by Alan Kaplinsky, Senior Counsel, founder and former chair for 25 years of Ballard Spahr's Consumer Financial Services Group, and features these distinguished experts in the field: · Bradley Blower, Founder of Inclusive Partners LLC. · John Culhane, Jr., Senior Partner and charter member of Ballard Spahr's fair lending team. · Richard Andreano, Jr., Practice Group Leader for Ballard Spahr's Mortgage Banking Group and the head of Ballard Spahr's fair lending team. Together, the panel takes listeners through the sweeping changes proposed to Reg B, including the elimination of the longstanding disparate impact provisions, significant revisions to discouragement standards, and new limitations on special purpose credit programs for for-profit entities. The conversation covers the legal and political motivations behind the proposal, references to recent Supreme Court decisions, and the implications for lenders, regulators, and consumers. The group also addresses the unusually short 30-day comment period and speculates on why the CFPB may be moving quickly to finalize the rule. Tune in for expert analysis, must-know takeaways, and predictions about industry impact and possible legal challenges. This episode is essential listening for anyone invested in the future of consumer financial services and fair lending. We encourage listeners to subscribe to the podcast on their preferred platform for weekly insights into developments in the consumer finance industry.

Today's episode features Part 2 of our October 30, 2025 webinar, "AI in Financial Services: Understanding the White House Action Plan – and What It Leaves Out." In this installment, our panel dives deeper into the evolving intersection of artificial intelligence, regulation, and innovation in financial services. Moderated by Alan Kaplinsky, Senior Counsel, founder and former longtime leader of Ballard Spahr's Consumer Financial Services Group, and Greg Szewczyk, chair of the firm's Privacy and Data Security Group, the discussion cuts through hype and uncertainty to provide clear, practical insights. Alan and Greg lead a lively discussion exploring the practical and policy-driven challenges posed by AI, particularly how existing legal frameworks often struggle to keep pace with rapid technological advancement. Our panel includes: Charley Brown, leader of Ballard Spahr's technology and patents teams, who explains how institutions can protect and capitalize on AI-enabled technologies; Dean Ball, former White House senior advisor and one of the architects of the White House AI Action Plan, who provides a rare inside look at the policy landscape; Kristian Stout, Director of Innovation Policy at the International Center for Law and Economics, who examines the intersections of AI, regulation, and competition; and Charlie Bullock, Senior Research Fellow at the Institute for Law and AI, who outlines practical frameworks for responsible, compliant AI governance. Throughout the episode, the panel addresses crucial topics including privacy challenges, explainability requirements for AI-driven decisions, and the potential for AI to level the playing field for smaller institutions. Whether you're in the C-suite, a compliance officer, or simply interested in how Washington's decisions shape the future of finance, this episode delivers a clear-eyed look at what the White House action plan covers and what crucial issues still need attention. Consumer Finance Monitor is hosted by Alan Kaplinsky, Senior Counsel at Ballard Spahr and founder of the firm's Consumer Financial Services Group. We encourage listeners to subscribe on their preferred podcast platform for weekly insights into the consumer finance industry.

Today's episode features Part 1 of our October 30, 2025 webinar, "AI in Financial Services: Understanding the White House Action Plan – and What It Leaves Out." In this installment, a panel of leading experts breaks down the rapidly evolving role of artificial intelligence in financial services—from foundational concepts to the latest regulatory developments. Moderated by Alan Kaplinsky, Senior Counsel, founder and former longtime leader of Ballard Spahr's Consumer Financial Services Group, and Greg Szewczyk, chair of the firm's Privacy and Data Security Group, the discussion cuts through hype and uncertainty to provide clear, practical insights. Alan and Greg guide an energetic conversation about how AI has become a strategic priority for banks, credit unions, payments companies, and fintechs. Our panel includes: Charley Brown, leader of Ballard Spahr's technology and patents teams, who explains how institutions can protect and capitalize on AI-enabled technologies; Dean Ball, former White House senior advisor and one of the architects of the White House AI Action Plan, who provides a rare inside look at the policy landscape; Kristian Stout, Director of Innovation Policy at the International Center for Law and Economics, who examines the intersections of AI, regulation, and competition; and Charlie Bullock, Senior Research Fellow at the Institute for Law and AI, who outlines practical frameworks for responsible, compliant AI governance. Together, they unpack the complex patchwork of state, federal, and international rules now shaping AI deployment in financial services. The discussion highlights how automated decision-making laws, privacy requirements, and emerging definitions of "artificial intelligence" are forcing institutions to rethink compliance programs, manage risk differently, and anticipate new regulatory expectations. You'll also hear real-world examples of how organizations are grappling with these challenges in practice. This episode provides an essential foundation for understanding where AI and financial services intersect, and where the regulatory environment is headed. Be sure to tune in next Thursday for Part 2, where our experts delve even deeper into the future of AI, innovation, and legal risk in the financial sector. Consumer Finance Monitor is hosted by Alan Kaplinsky, Senior Counsel at Ballard Spahr and founder of the firm's Consumer Financial Services Group. We encourage listeners to subscribe on their preferred podcast platform for weekly insights into the consumer finance industry.

Step into the intersection of consumer finance law and the solar energy industry with host Alan Kaplinsky, senior counsel at Ballard Spahr, and special guest Steven Burt, attorney and former public policy leader at major residential solar companies. In this episode, listeners will get an insider's look at today's solar landscape. Discover the key market segments, from utility-scale projects to commercial installations, community solar, and residential rooftop systems. Explore how recent shifts in federal policy under the Trump administration have changed energy priorities, from cancelling critical programs and phasing out residential solar tax credits, to redirecting support toward fossil fuels. Learn why understanding new requirements around foreign entities of concern (FEOC) is now urgent for companies relying on global supply chains. Benefit from practical legal insights covering consumer financial services law, such as FICO checks, leasing regulations, and credit disclosures, and see how these shape the way solar powers American homes. Despite evolving policy headwinds, the outlook for solar remains strong. Hear expert perspectives on state-level hotspots like California and Texas, emerging trends such as net metering reforms and battery storage, and the growing role of "virtual power plant" models that are reshaping residential solar's future. Consumer Finance Monitor is hosted by Alan Kaplinsky, Senior Counsel at Ballard Spahr, and the founder and former chair of the firm's Consumer Financial Services Group. We encourage listeners to subscribe to the podcast on their preferred platform for weekly insights into developments in the consumer finance industry.

Today's episode marks the second of a two-part series, with Part One having been released on November 13th. In this installment, we continue our conversation on the many changes in fair lending policy and enforcement under the second Trump administration. The discussion is moderated by Alan Kaplinsky, Senior Counsel, founder and former chair for 25 years of Ballard Spahr's Consumer Financial Services Group, and features these distinguished experts in the field: Bradley Blower, Founder of Inclusive Partners LLC. John Culhane, Jr., Senior Partner and charter member of Ballard Spahr's fair lending team. Richard Andreano, Jr., Practice Group Leader for Ballard Spahr's Mortgage Banking Group and the head of Ballard Spahr's fair lending team. In this week's episode our expert panel unpacks the fast-changing landscape of fair lending in consumer finance. With candid discussion from leading attorneys and industry insiders, we cover how federal policy swings, especially between recent administrations, have left lenders and businesses searching for direction on compliance, risk management, and best practices. Hear insights on the evolving standards for disparate impact claims, the high stakes of Supreme Court challenges, and how regulatory shifts are changing the rules of the road for everyone. Learn why the future of lending is increasingly tied to artificial intelligence, what it means for fairness and oversight, and why receiving clear guidance is more vital than ever. Our hosts tackle the challenges posed by executive orders on 'de-banking' and fair access, ongoing delays and debates surrounding the small business lending data rule, and the persistent struggle to address appraisal bias. Find out how states are stepping up where federal agencies may leave gaps and get practical advice for keeping your compliance management systems strong in uncertain times, particularly in view of how a future Presidential Administration may seek to reverse Trump Administration initiatives. We encourage listeners to subscribe to the podcast on their preferred platform for weekly insights into developments in the consumer finance industry.

Today's episode marks the first of a two-part series, with Part Two scheduled for release on November 20th. In this installment, we examine the sweeping changes in fair lending policy and enforcement under the second Trump administration. The discussion is moderated by Alan Kaplinsky, Senior Counsel, founder and former chair for 25 years of Ballard Spahr's Consumer Financial Services Group, and features these distinguished experts in the field: Bradley Blower, Founder of Inclusive Partners LLC. John Culhane, Jr., Senior Partner and charter member of Ballard Spahr's fair lending team. Richard Andreano, Jr., Practice Group Leader for Ballard Spahr's Mortgage Banking Group and the head of Ballard Spahr's fair lending team. Listeners will gain essential insights on how federal agencies are scaling back oversight, phasing out the use of statistical disparities and disparate impact theory in fair lending cases. The conversation illuminates how redlining investigations are now driven by clearly expressed intent rather than just the numbers, and why states are stepping in as the federal role diminishes. The episode also tackles potential regulatory changes, the move back to the 1995 Community Reinvestment Act rule, and what these shifts mean for institutions and the communities they serve. In addition, the hosts unpack high-profile cases like Townstone Financial, diving into the ongoing debate about whether discouraging would-be applicants is covered under the Equal Credit Opportunity Act. They also address the intersection of AI and the economy, examining the Trump administration's focus on rapid innovation over regulatory restrictions and its implications for consumer protection. With actionable information for professionals in consumer financial services, banking, compliance, and advocacy, this episode keeps you informed on the latest policies shaping fair lending in 2025 and beyond. We encourage listeners to subscribe to the podcast on their preferred platform for weekly insights into developments in the consumer finance industry.

Today's podcast features the second part of a recent webinar produced on September 24, 2025, titled: "A New Era for Banking: What President Trump's Debanking Executive Order and Related State Laws Mean for Financial Institutions, Government, and Banking Customers." In Part 2, we discuss the following topics: 1. What are the areas of uncertainty with respect to the Executive Order, including: · Defining an "unlawful business" or "religion and why those definitions are important. · What regulator or regulators will issue regulations or other guidance? 2. What is the role of the Small Business Administration ("SBA") 3. Intersection with AML/BSA 4. Intersection with state debanking statutes and experience of the states 5. Pending Federal legislation 6. What should financial institutions be doing now to prepare for regulator review? 7. Is the Executive Order good or bad policy? 8. Is there a proven need for the Executive Order? Is there any empirical evidence of need based on complaints submitted to states with debanking statutes, SBA or other federal banking prudential regulators or is it all anecdotal? Our presenters, who hold diverse views on the wisdom of the Executive Order, are: · Jason Mikula Founder and Publisher, Fintech Business Weekly Jason Mikula is an independent fintech and banking advisor, consultant, and investor. He also publishes Fintech Business Weekly, a newsletter analyzing trends in banking and fintech. He opposes the Executive Order. · Brian Knight Senior Counsel, Corporate Engagement, Alliance Defending Freedom Brian Knight serves as Senior Counsel on the Corporate Engagement Team at Alliance Defending Freedom. His work focuses on issues of financial access, debanking, and preventing the politicization of financial services. He opposes the Executive Order. · Todd Phillips Assistant Professor of Law, J. Mack Robinson College of Business, Georgia State University Todd Phillips is an assistant professor of law at Georgia State University. His areas of expertise include bank capital and prudential regulation, deposit insurance, and the laws governing federal regulators. He opposes the Executive Order. · Will Hild Executive Director, Consumers' Research Will Hild is the Executive Director of Consumers' Research, the nation's oldest consumer protection organization. He has led efforts to combat ESG and what he considers "woke capitalism," including launching the Consumers First campaign. He supports the Executive Order. · Graham Steele Assistant Secretary for Financial Institutions, U.S. Department of the Treasury Graham Steele serves as the Assistant Secretary for Financial Institutions at the U.S. Department of the Treasury. He is an expert on financial regulation and financial institutions, with over a decade of experience working at the highest levels of law and policy in Washington, D.C. He opposes the Executive Order. Alan Kaplinsky, the founder and first practice group leader and now Senior Counsel of the Consumer Financial Services Group at our firm, moderated the webinar. We released Part 1of this webinar on October 30, 2025

Today's podcast features the first part of a recent webinar produced on September 24, 2025, titled: "A New Era for Banking: What President Trump's Debanking Executive Order and Related State Laws Mean for Financial Institutions, Government, and Banking Customers." In Part 1, we discuss the following topics: 1. History of Debanking, including: o Operation Chokepoint: An initiative by federal prudential banking regulators during the Obama administration aimed at discouraging banks supervised by them from providing services to companies engaged in payday lending. o OCC Final Regulation on Debanking: Issued by Acting Comptroller Brian Brooks toward the end of President Trump's first term, this regulation applied only to the largest banks in the country. It was sent to the Federal Register but never published and, therefore, never became effective. 2. Elements and Scope of the Debanking Executive Order 3. Statutory Authority (or Lack Thereof) of the Executive Order, which was largely based on the unfairness prongs of UDAAP and UDAP, even though a federal district court in Alabama held a few years ago that such unfairness prongs do not cover discrimination. Our presenters, who hold diverse views on the wisdom of the Executive Order, are: · Jason Mikula Founder and Publisher, Fintech Business Weekly Jason Mikula is an independent fintech and banking advisor, consultant, and investor. He also publishes Fintech Business Weekly, a newsletter analyzing trends in banking and fintech. He opposes the Executive Order. · Brian Knight Senior Counsel, Corporate Engagement, Alliance Defending Freedom Brian Knight serves as Senior Counsel on the Corporate Engagement Team at Alliance Defending Freedom. His work focuses on issues of financial access, debanking, and preventing the politicization of financial services. He opposes the Executive Order. · Todd Phillips Assistant Professor of Law, J. Mack Robinson College of Business, Georgia State University Todd Phillips is an assistant professor of law at Georgia State University. His areas of expertise include bank capital and prudential regulation, deposit insurance, and the laws governing federal regulators. He opposes the Executive Order. · Will Hild Executive Director, Consumers' Research Will Hild is the Executive Director of Consumers' Research, the nation's oldest consumer protection organization. He has led efforts to combat ESG and what he considers "woke capitalism," including launching the Consumers First campaign. He supports the Executive Order. · Graham Steele Assistant Secretary for Financial Institutions, U.S. Department of the Treasury Graham Steele serves as the Assistant Secretary for Financial Institutions at the U.S. Department of the Treasury. He is an expert on financial regulation and financial institutions, with over a decade of experience working at the highest levels of law and policy in Washington, D.C. He opposes the Executive Order. Alan Kaplinsky, the founder and first practice group leader and now Senior Counsel of the Consumer Financial Services Group at our firm, moderated the webinar. We will be releasing Part 2 of this webinar on November 6, 2025.

Today's podcast features the second part of a repurposed webinar produced on September 3, 2025, which dives into the legal risks, compliance challenges, and emerging constitutional questions stemming from the GENIUS Act. The conversation examines the strict prohibition of deceptive claims regarding federal backing or insurance for stablecoins, highlighting the significant civil liabilities and penalty provisions attached to violations. Art Wilmarth delves deeply into areas such as federal preemption of state laws, consumer protections, and the power dynamics introduced by big tech and non-bank entities in the stablecoin market. Richard Rosenthal outlines the importance of building cross-functional teams, updating risk taxonomies, and adapting existing safety and soundness frameworks to the new environment presented by stablecoins. Peter Jaslow highlights legal risks for stablecoin issuers, such as the lack of explicit federal insurance, the reliance on monthly attestations of reserves, complex issues surrounding redemption policies, and significant civil and criminal penalties for non-compliance. The speakers articulate the importance of rigorous compliance frameworks and the critical role finance teams will play in adapting to the new regulatory demands. Additionally, there is emphasis on the GENIUS Act's consumer protection priorities and its alignment with administration policy objectives. This episode also explores the business model impact of the GENIUS Act, discussing the growing demand for stablecoin and tokenized deposit solutions, and how institutions might leverage these technologies for treasury management and cross-border payments. Panelists provide perspectives on how innovation is being fostered, the implications for privately-held stablecoins, and the ways the GENIUS Act reflects the desires of the crypto industry. This session offers a holistic look at both the challenges and opportunities that financial institutions must consider as regulatory and market landscapes evolve. Consumer Finance Monitor is hosted by Alan Kaplinsky, Senior Counsel at Ballard Spahr, and the founder and former chair of the firm's Consumer Financial Services Group. We encourage listeners to subscribe to the podcast on their preferred platform for weekly insights into developments in the consumer finance industry.

Today's podcast features the first part of a recent webinar produced on September 3, 2025, which examined the key provisions of the GENIUS Act ("The Guiding and Establishing National Innovation for U.S. Stablecoins Act") and its regulatory impact on banks, fintechs and the future of stablecoins. The discussion covers critical definitions, licensing, oversight and enforcement requirements, the relationship to state stablecoin laws. Panelists offer insights into the role of federal banking regulators such as the Comptroller of the Currency, the Federal Reserve, and the Financial Stability Oversight Council ("FSOC"), highlighting the Act's efforts to establish a uniform regulatory framework and how financial institutions are responding to the new rules. The webinar features three expert speakers: Art Wilmarth, Professor Emeritus at George Washington University Law School, Richard Rosenthal, Principal in Deloitte's Risk and Financial Advisory practice and Peter Jaslow, Practice Co-Leader of Ballard Spahr's Blockchain Technology and Cryptocurrency group Listeners will gain an understanding of how the GENIUS Act may reshape business stablecoin models. The episode touches on compliance timelines, emphasizing the rapid pace of regulation, and previews issues of consumer protection and its ban on making interest payments. This dialogue sets the foundation for deeper analysis of legal risks and constitutional challenges, which will be explored in the upcoming second part of the series. Consumer Finance Monitor is hosted by Alan Kaplinsky, Senior Counsel at Ballard Spahr, and the founder and former chair of the firm's Consumer Financial Services Group. We encourage listeners to subscribe to the podcast on their preferred platform for weekly insights into developments in the consumer finance industry.